authorities of the crimes, the investigation into Leoma Meshayev's kidnapping was opened on 5 January 2003 and the investigation into Bislan Saydayev's kidnapping on 10 April 2003. Despite the fact that both crimes had been committed in the village on the same night and in all evidence by the same group of persons, the investigations into the two episodes were joined only in December 2003. These delays in themselves were liable to affect the investigation of a crime such as abduction in life-threatening circumstances, where crucial action has to be taken in the days immediately following the event.
114. It also appears that only the first and the second applicants were questioned in January 2003. The ninth applicant gave testimony in April 2003. The first and ninth applicants were granted victim status in January and April 2003, accordingly. In December 2003 the investigation identified and questioned one resident who had seen the tracks of military vehicles on the night in question and whose winter supply of wood had disappeared.
115. It is obvious that these measures, if they were to produce any meaningful results, should have been taken immediately after the crime was reported to the authorities, and as soon as the investigation commenced. These delays, for which there has been no explanation in the instant case, not only demonstrate the authorities' failure to act of their own motion but also constitute a breach of the obligation to exercise exemplary diligence and promptness in dealing with such a serious crime (see Paul and Audrey Edwards v. the United Kingdom, No. 46477/99, § 86, ECHR 2002-II).
116. A number of essential steps were never taken. Most notably, it does not appear that the investigation tried to identify and question the servicemen who had manned the roadblock to which the witnesses referred or that they had tried to find out whether any special operations had been carried out in Martan-Chu on the night in question.
117. The Court also notes that even though two applicants were granted victim status, they were only informed of the adjournment and reopening of the proceedings, and not of any other significant developments. Accordingly, the investigators failed to ensure that the investigation received the required level of public scrutiny, or to safeguard the interests of the next of kin in the proceedings.
118. Finally, the Court notes that the investigation was adjourned and resumed a number of times and thus the taking of the most important measures was protracted unnecessarily.
119. The Government raised the possibility for the applicants to apply for judicial review in the context of exhaustion of domestic remedies. The Court observes that in May 2005 the Urus-Martan District Court partially allowed the first and ninth applicants' complaints against the actions of the prosecutor's office. However, their access to the case file was refused and it does not appear from the information reviewed by the Court that the investigation had complied with the directions of the court. In any event, having no access to the case file and not being properly informed of its progress, the applicants could not be expected to effectively challenge the actions or omissions of the investigating authorities. Moreover, owing to the time that had elapsed since the events complained of, certain investigative measures that ought to have been taken much earlier could no longer usefully be conducted. Accordingly, the Court finds that the remedy relied on by the Government was ineffective in the circumstances and dismisses their preliminary objection as regards the applicants' failure to exhaust domestic remedies within the context of the criminal investigation.
120. In the light of the foregoing, the Court holds that the authorities failed to carry out an effective criminal investigation into the circumstances surrounding the disapp
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